Civil Actions - Distribution of Obscene Material to Minors

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0693*

HOUSE BILL 693
D3 6lr1044
HB 394/25 – JUD
By: Delegates Grammer, Arikan, Chisholm, Fisher, M. Morgan, Nawrocki, and
Szeliga
Introduced and read first time: February 2, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Civil Actions – Distribution of Obscene Material to Minors 2

FOR the purpose of establishing that a commercial entity that distributes obscene material 3
to minors on the Internet from certain websites is liable for certain damages; 4
prohibiting a commercial entity or third party that performs a certain age 5
verification of an individual from retaining any identifying information of an 6
individual under certain circumstances; and generally relating to the distribution of 7
obscene material to minors. 8

BY adding to 9
Article – Courts and Judicial Proceedings 10
Section 3–2701 and 3–2702 to be under the new subtitle “Subtitle 27. Distribution of 11
Obscene Material to Minors” 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Courts and Judicial Proceedings 17

SUBTITLE 27. DISTRIBUTION OF OBSCENE MATERIAL TO MINORS. 18

3–2701. 19

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21

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(B) “COMMERCIAL ENTITY ” MEANS A CORPORATION , LIMITED LIABILITY 1
COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, SOLE PROPRIETORSHIP, OR ANY 2
OTHER LEGALLY RECOGNIZED ENTITY. 3

(C) “DISTRIBUTE” MEANS TO ISSUE , SELL, GIVE, PUBLISH, PROVIDE, 4
DELIVER, TRANSFER, TRANSMIT, CIRCULATE, OR DISSEMINATE BY ANY MEANS. 5

(D) “NEWS–GATHERING ORGANIZATION EMPLOYEE” MEANS: 6

(1) AN EMPLOYEE OF A NEWS PAPER, NEWS PUBLICATION, OR NEWS 7
SOURCE, WHETHER IN PRINT OR ON AN ONLINE OR MOBILE PLATFORM, OF CURRENT 8
NEWS AND PUBLIC INTE REST, WHILE OPERATING AS A N EMPLOYEE , WHO CAN 9
PROVIDE DOCUMENTATION OF THE EMPLOYMENT; OR 10

(2) AN EMPLOYEE OF A RADI O BROADCAST STATION , TELEVISION 11
BROADCAST STATION , CABLE TELEVISION OPE RATOR, OR WIRE SERVICE WHIL E 12
OPERATING AS AN EMPL OYEE, WHO CAN PROVIDE DOCU MENTATION OF THE 13
EMPLOYMENT. 14

(E) “OBSCENE” HAS THE MEANING STATED IN § 11–203 OF THE CRIMINAL 15
LAW ARTICLE. 16

(F) “REASONABLE AGE VERIFI CATION METHODS ” INCLUDES VERIFYING 17
THAT A PERSON SEEKIN G TO ACCESS MATERIAL IS AT LEAST 18 YEARS OLD BY 18
REQUIRING THE PERSON ATTEMPTING TO ACCESS THE MATERIAL TO COMPLY WITH 19
A COMMERCIAL AGE VERIFICATION SYSTEM THAT VERIFIES IN AT LEAST ONE OF THE 20
FOLLOWING WAYS: 21

(1) GOVERNMENT–ISSUED IDENTIFICATION; OR 22

(2) ANY COMMERCIALLY REAS ONABLE METHOD THAT R ELIES ON 23
PUBLIC OR PRIVATE TR ANSACTIONAL DATA TO VERIFY THAT THE PERS ON 24
ATTEMPTING TO ACCESS THE INFORMATION IS AT LEAST 18 YEARS OLD. 25

(G) “SUBSTANTIAL PORTION ” MEANS MORE THAN ONE –THIRD OF THE 26
TOTAL MATERIAL ON A WEBSITE. 27

(H) (1) “TRANSACTIONAL DATA” MEANS A SEQUENCE OF INFORMATION 28
THAT DOCUMENTS AN EX CHANGE, AN AGREEMENT, OR A TRANSFER BETWEE N AN 29
INDIVIDUAL, A COMMERCIAL ENTITY, OR A THIRD PARTY USE D FOR THE PURPOSE 30
OF SATISFYING A REQUEST OR AN EVENT. 31

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(2) “TRANSACTIONAL DATA” INCLUDES RECORDS FROM MORTGAGE, 1
EDUCATION, AND EMPLOYMENT ENTITIES. 2

3–2702. 3

(A) THIS SECTION MAY NOT BE CONSTRUED TO IMPO SE LIABILITY ON AN 4
INTERNET SERVICE PROVIDER, AN INTERNET SERVICE PROVIDER’S AFFILIATES OR 5
SUBSIDIARIES, A SEARCH ENGINE , OR A CLOUD SERVICE P ROVIDER, SOLELY FOR 6
PROVIDING ACCESS OR CONNECTION TO OR FRO M A WEBSITE OR OTHER 7
INFORMATION OR CONTE NT ON THE INTERNET OR A FACILIT Y, SYSTEM, OR 8
NETWORK NOT UNDER TH E SERV ICE PROVIDER ’S CONTROL INCLUDING 9
TRANSMISSION, DOWNLOADING, INTERMEDIATE STORAGE, ACCESS SOFTWARE, OR 10
OTHER SERVICE TO THE EXTENT THAT THE SERV ICE PROVIDER IS NOT 11
RESPONSIBLE FOR THE CREATION OR COMMUNIC ATION OF THE OBSCENE 12
MATERIAL. 13

(B) THIS SECTION DOE S NOT APPLY TO ANY B ONA FIDE NEWS OR PUB LIC 14
INTEREST BROADCAST , WEBSITE VIDEO , REPORT, OR EVENT AND MAY NOT BE 15
CONSTRUED TO AFFECT THE RIGHTS OF ANY NE WS–GATHERING ORGANIZATI ON 16
EMPLOYEES. 17

(C) (1) A COMMERCIAL ENTITY TH AT KNOWINGLY AND INT ENTIONALLY 18
DISTRIBUTES OBSCENE MATER IAL ON THE INTERNET FROM A WEBSI TE THAT 19
CONTAINS A SUBSTANTI AL PORTION OF OBSCEN E MATERIAL SHALL PER FORM 20
REASONABLE AGE VERIF ICATION METHODS TO V ERIFY THE AGE OF IND IVIDUALS 21
ATTEMPTING TO ACCESS THE MATERIAL. 22

(2) A COMMERCIAL ENTITY OR THIRD PARTY THAT PERFORMS AN 23
AGE VERIFICATION REQ UIRED UNDER THIS SUB SECTION MAY NOT RETA IN ANY 24
IDENTIFYING INFORMAT ION ABOUT INDIVIDUAL S ATTEMPTING TO ACCE SS 25
OBSCENE MATERIAL AFT ER ACCESS TO THE MAT ERIAL HAS BEEN GRANT ED OR 26
DENIED. 27

(D) (1) A PERSON M AY BRING AN ACTION A GAINST A COMMERCIAL 28
ENTITY THAT VIOLATES SUBSECTION (C) OF THIS SECTION FOR DAMAGES 29
RESULTING FROM: 30

(I) A MINOR’S ACCESSING OF OBSCENE MATERIAL; OR 31

(II) THE RETENTION OF IDEN TIFYING INFORMATION OF AN 32
INDIVIDUAL. 33

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(2) A COURT MAY AWARD COSTS AND REASONABLE ATTORNEY’S FEES 1
TO A PREVAILING PLAINTIFF UNDER THIS SECTION. 2

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4